Worried That Your Article 120, UCMJ (Sexual Assault) Accuser is Going to Lie or Not Remember? Part 5
Once a court-martial starts, accusers of Article 120, UCMJ (Sexual Assault) testify about the alleged sexual assault, rape, or abusive sexual contact. Often, clients have reservations or concerns that their accusers will lie on the stand or the accuser’s testimony will be coached to match other witness’ testimony. This becomes increasingly concerning when law enforcement has documented the Article 120, UCMJ (Sexual Assault) accuser’s recollection not lining up with other witness’ accounts. Make no mistake, this concern is valid and is a common occurrence during a court-martial. In the months, and sometimes years leading up to a court-martial the accuser alleging the sexual assault, rape, abusive sexual contact, or any other Article 120, UCMJ offense will be interviewed multiple times on different occasions. Sometimes witnesses that support the prosecution’s case are interviewed multiple times as well.
Impeachment by contradiction is a common tactic military defense attorneys use when an Article 120, UCMJ (Sexual Assault) accuser’s story doesn’t match another witness’s testimony. There is no Military Rule of Evidence that will be cited by the military attorneys during the court-martial, because this tactic requires situational awareness and a good command of the anticipated testimony. A good military defense counsel will have mastered the court-martial’s facts by the time trial arrives. Doing so, empowers the military defense attorney to highlight the contradictions between the Article 120, UCMJ (Sexual Assault) accuser and a witness on cross examination. After the contradiction is successfully illustrated to the jury, the military defense attorney will be able to exploit the contradiction in closing argument.
During a court-martial a witness’s credibility is always relevant. However, in cases involving Article 120, UCMJ (Sexual Assault) the accuser’s credibility isn’t just relevant, it is paramount. As a military criminal defense attorney, it is my job to know your case better than anyone in the court-martial. Call Matthew Thomas Law, PLLC today for a free consultation.